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Patna High CourtCR. MISC./29150/2021partly allowed disposal

Sakila Devi @ Sikila Devi v. The State Of Bihar

2022-01-03Mr. Justice Anjani Kumar Sharan3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.29150 of 2021 Arising Out of PS. Case No.-130 Year-2015 Thana- PATAHI District- East Champaran ====================================================== 1.

Sakila Devi @ Sikila Devi, W/o Hari Sah, Resident of Village Patti Bokane, P.S.- Patahi, Distt.- East Champaran.

2.

Savita Devi, W/o Awadh Sah, Resident of Village Patti Bokane, P.S. Patahi, Distt.- East Champaran.

... ... Petitioner/s

Versus

The State of Bihar.

... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Sunil Kumar No.III, Advocate For the Opposite Party/s :

Ms. Anita Kumari Singh, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 03-01-2022 At the outset, learned counsel for the petitioners submits that petitioner no.2, Savita Devi has already surrendered before the learned court below, therefore, this anticipatory bail application has become infructuous so far as petitioner no.2 is concerned and he may be permitted to withdraw this anticipatory bail application filed on behalf of petitioner no.2. Prayer is allowed.

This anticipatory bail application is dismissed as withdrawn so far as petitioner no.2, Savita Devi is concerned. Heard learned counsel for the petitioner and learned APP for the State.

Learned counsel for the petitioner undertakes to

Patna High Court CR. MISC. No.29150 of 2021(2) dt.03-01-2022 2/3 remove the defects within four weeks of normal court proceedings. In the eventuality of non-removal of defects within undertaken period, the office will place the matter before the Bench.

Petitioner No.1, Sakila Devi @ Sikila Devi apprehends her arrest in Patahi P.S. Case No.130 of 2015, registered for the offences punishable under Sections 147, 149, 323, 324, 307 and 379 of the Indian Penal Code. Learned counsel for the petitioner submits that the petitioner is innocent and has falsely been implicated in the present case. It is submitted that there is land dispute between the parties. There is general and omnibus allegation against petitioner no.1. It is submitted that specific allegation is against Akhilesh Sah who assaulted the son of the informant with farsa. It is further submitted that petitioner no.1 has got no criminal antecedent as stated in para 3 of the bail petition. Having considered the facts aforesaid, let petitioner no.1, namely, Sakila Devi @ Sikila Devi in the event of her arrest or surrender before the learned court below within a period of six weeks from today, be enlarged on bail on furnishing bail bond of Rs.25,000/- (rupees twenty five thousand) with two sureties of the like amount each to the

Patna High Court CR. MISC. No.29150 of 2021(2) dt.03-01-2022 3/3 satisfaction of learned A.C.J.M.-8, East Champaran, Motihari in connection with Patahi P.S. Case No.130 of 2015, subject to the conditions as laid down under Section 438(2) of the Code of Criminal Procedure.

(Anjani Kumar Sharan, J.) Sanjay/- U T